JAINAL ABDIN ALIAS JAYNAL UDDIN v. THE STATE OF ASSAM
Crl.Pet./257/2025 · 2025-03-04
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8701 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8701 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./257/2025 JAINAL ABDIN ALIAS JAYNAL UDDIN S/O ALI MOHAMMAD RESIDENT OF VILAGE NAMATI GAON PO AND PS DABOKA, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : TAWHID LASKAR, A BORBHUYAN,MS. BANSHIKA PODDER,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER Date : 05.03.2025
Heard Mr. TA Laskar, the learned counsel appearing for the petitioner as well as Mr. DP Goswami, the learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application u/s 528 of the BNSS, 2023 challenging the orders directing issue of P & A against the petitioner.
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3. Mr. Laskar submits that in the official record the name of the petitioner’s father was erroneously shown. Therefore, the petitioner could not appear before the court below. The
learned counsel submits that the petitioner is interested in facing the trial, but he apprehends that if he appears before the court below, he will be remanded to custody.
4. I have considered the submissions made by the learned counsel of both sides.
5. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.
6. It is hereby directed that whenever the petitioner appears before the court of the learned Additional District & Sessions Judge (FTC), Hojai in respect of Sessions Case No. 52(H)/2021, the petitioner Jainal Abdin @ Jaynal Uddin shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned District & Sessions Judge (FTC), Hojai.
7. The orders directing issue of P & A against the present petitioner stands set aside accordingly. With the aforesaid direction, the criminal petition stands disposed of.
JUDGE Comparing Assistant